16 Mar 2012
Hoyte v Accident Compensation Corporation
- Citation
- [2012] NZACC 85
- Court
- District Court
On the balance of probabilities the court could not identify an accident or series of events that caused the chondral flap or the need for surgery; intra-operative findings and expert opinion established that pre-existing degenerative osteoarthritis was the most probable and substantial cause of the symptoms and need for surgery, therefore the condition and surgery were excluded from ACC cover and the appeal fails.